CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The UK CAA mandated compliance with British Aerospace Service Bulletin 57-033, affecting BAe 146 model aircraft, in 1990. The UK is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the revision status of the Service Bulletin to the latest version. The amended AD, AD/BAe 146/16 Amendment 6, will become effective on 1 September 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, to maintain and enhance aviation safety standards. These ADs are legislative instruments subject to disallowance and review, reflecting the importance of adhering to international standards and obligations, such as those set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 mandate that the Civil Aviation Safety Authority (CASA) issue ADs to ensure the continuing airworthiness of aircraft, in alignment with directives from the aircraft's State of Design. The policy objective is to ensure that all aircraft on the Australian Register meet international safety standards, thereby protecting public safety and maintaining Australia's compliance with international aviation agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, acting in the interests of air navigation safety. This regulatory framework applies to all aircraft registered within Australia, ensuring that the State of Registry maintains the continuing airworthiness of each aircraft in accordance with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation. ADs are legislative instruments and serve as a key mechanism for disseminating necessary information to ensure aircraft safety. These directives are typically issued in response to actions taken by the State of Design, such as the UK in the case of the BAe 146 model aircraft. CASA’s role is to assess the information provided by the State of Design and, if necessary, issue corresponding Australian ADs to enforce compliance. The legislative process for issuing these directives is streamlined, with ADs being issued without public consultation and without the requirement for a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are made by CASA officials in accordance with the Civil Aviation Act 1988 and are designed to harmonise with international obligations and industry requests.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in ensuring the continuing airworthiness of aircraft and are issued in accordance with Annex 8 of the Convention on International Civil Aviation. The ADs, such as AD/BAe 146/16 Amendment 6, serve as legislative instruments and are designed to mandate specific safety requirements and maintenance actions to address identified issues with the aircraft or aeronautical products. The ADs are critical as they implement the continuing airworthiness requirements established by the State of Design and must be assessed and adopted by the State of Registry, in this case, CASA.
The obligations imposed by these regulations on the entities they govern are multifaceted. The State of Design, such as the UK for the BAe 146 model aircraft, is responsible for issuing ADs to address safety concerns and to ensure that necessary information is provided to all States of Registry. CASA, as Australia’s national airworthiness authority, must review and assess the ADs issued by the State of Design to determine if they need to issue corresponding ADs for aircraft registered in Australia. CASA is also responsible for ensuring that these ADs are effectively communicated to the relevant operators and that compliance is monitored. These obligations ensure that the safety standards are consistently applied and maintained across the aviation industry.
Failure to comply with the requirements set out in the ADs can result in significant legal and safety consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose strict requirements for compliance with ADs. Non-compliance can result in civil penalties, including fines and potential grounding of the aircraft. In severe cases, CASA can take enforcement action, which may include the suspension or revocation of an aircraft’s certificate of airworthiness. Additionally, operators failing to comply with an AD may be subject to criminal charges, which can lead to substantial fines and imprisonment. These penalties underscore the importance of adhering to the ADs to maintain the highest standards of aviation safety.